Posted: Friday October 23 2020 11:23
LaSexta was given access to the Sexual Freedom Bill which has already been sent to the General Judicial Council, the Economic and Social Council, and the State Attorney General’s Office for review.
This preliminary draft, which will have to be sent back to the Council of Ministers for approval, includes relevant aspects such as “children’s homes” where minors who are victims of sexual violence will be taken care of, the equalization of orphans for sexual femicide with orphans gender-based violence or the creation of a reparation fund for victims of sexual violence.
Homes for children victims of sexual violence
The new bill provides for the establishment in Spain of the Anglo-Saxon model of the “Children’s Hause”, in Spanish children’s homes, in which children who are victims of sexual violence will be cared for in a specialized and “adapted way.” adapted to your needs ”and to those of“ professionals involved in the care process ”.
These centers, underlines the text, will also help in the field of justice since they will offer guarantees “to obtain a testimony in conditions of safety and tranquility”, which will increase “the possibilities of carrying out the investigation. on already complex facts. accredit “.
In fact, one of the main innovations that this law incorporates is the incorporation of children to guarantee their protection against sexual violence.
The new law brings another important innovation, namely that it includes the orphan benefit for “the sons and daughters of victims of sexual femicides”, thus assimilating them to minors orphaned by gender violence.
This means that the children of women murdered during sexual assault will be able to benefit from this benefit as well as the children of women murdered by their partner or ex-partner.
Non-consensual pornography will be sexual violence
The government’s plan includes new considerations on sexual violence that will add to existing ones such as sexual assault, sexual harassment, exploitation of the prostitution of others and the rest of the crimes provided for in the Penal Code.
According to the text, the new law “aims to respond in particular to sexual violence committed in the digital sphere” for what will be considered as violence “the dissemination of acts of sexual violence by technological means”, “non pornography consensual “and” sexual extortion “.
In addition, female genital mutilation, forced marriage and “sexual harassment and trafficking for the purpose of sexual exploitation” will also be added. In addition, it includes “the homicide of women linked to sexual violence”, ie sexual femicide, as “the most serious human rights violation linked to sexual violence”.
Victims reparation fund
The new law also provides for the creation of a< fonds de réparation des victimes >> so that the state re-establishes< la victime dans sa situation avant les violences >>, who< comprend une compensation économique pour les dommages >> and “the measures necessary for his complete physical, mental and social recovery”.
The fund will be supplied by “the execution of assets, effects and income confiscated by judges and courts from convicted persons” for sex crimes.
Prosecution of pimping
The bill also implements an improvement in the criminal classification of procuring to “make the prosecution of behavior more effective” and which will clarify the “differentiation between coercive and non-coercive procuring”.
In this way, a new rule will be introduced which will penalize anyone who “uses property to promote the exploitation of the prostitution of others”.